Ruvalcaba v. State

OPINION

By the Court,

Maupin, J.:

In this opinion, we hold that a sentencing judge does not necessarily violate Martinez v. State1 by considering a criminal defendant’s status as an illegal alien when determining whether to grant or deny a request for probation.

FACTS AND PROCEDURAL HISTORY

On June 9, 2004, as part of a plea negotiation with the State, appellant Salvador Ruvalcaba entered a guilty plea to one count of sale of a controlled substance arising from a seizure of contraband in February of that year. Ruvalcaba is a Mexican national who was in the United States illegally when he committed…